Is Derby Bar A ‘Chronic Nuisance?’

RJ’s Cafe and Catering on Elizabeth Street could be on its way to being declared a chronic nuisance,” Derby police said Monday.

Javon Zimmerman, 22, was shot and killed in the bar’s parking lot on Saturday morning as the bar closed.

Background

Zimmerman’s mother told the Valley Indy Monday her son was shot after leaving the bar. She believes the shooter was her son’s second cousin, who appeared off the street. 

Derby police said they need witnesses to talk in order to crack the case.

Witnesses — there were some 50 people in the parking lot — are not cooperating with police, claiming they didn’t see anything.

On Monday, they set up a phone line for people to give information on the Zimmerman killing. The number is 203 619 1906.

Derby police ran into similar problems in 2010 while investigating two stabbings.

Police Reaction

On Monday, Derby police Lt. Justin Stanko told the Valley Indy police are taking steps to deal with the bar’s issues.

Extra patrols are out downtown. In addition, the Derby Police Department is pursuing every possible means to curtail the criminal activity that has been going on there. We’re looking at enforcing the recently enacted chronic nuisance ordinance,” Stanko said.

The Derby Board of Aldermen adopted a chronic nuisance ordinance in April 2011. It sets up a process by which the police chief can intervene with a problem property and — if the owner ignores requests to fix the problems — potentially levy fines of up to $30,000.

The Valley Indy attempted to contact the bar’s owner on Monday and Tuesday.

Police Memos

Incidents at RJ’s, at the corner of Fifth and Elizabeth streets between a church and a daycare, have been mentioned twice in memos since July from Derby Police Chief Gerald Narowski to the Derby Board of Aldermen.

In July, Chief Narowski referenced violence at the business.

The department has been called to RJ’s Cafe on Elizabeth Street numerous times for disturbances and fights over the past month,” Chief Narowski wrote in memo to Derby Aldermen July 22. The department has been reacting to these calls with an increased walking beat presence in the area and aggressive enforcement action.”

The day after Chief’s Narowksi’s July 22 memo, a fight in the bar spilled out into the parking lot. Someone fired a gun into the air several times, police said at the time.

Police estimated there were 50 people in the parking lot during the fight.

The suspects, and everyone in the parking lot, fled,” police said after the July incident.

Chief Narowksi also referenced RJ’s Cafe in a memo to Derby Aldermen on Aug. 17, 2011. In that memo, the chief said police handled about 10 complaints involving the bar in the previous two weeks.

Patrol continues to respond to problems at Rj’s Cafe on Elizabeth Street,” Narowski wrote. Patrol continues to aggressively enforce violations at this location and additional measures have been instituted to combat these problems.”

Liquor Control Commission

RJ’s was closed Monday (May 14) as penalty for violating several liquor laws. The bar also had to pay a $500 fine.

The incidents were as follows, according to a spokesperson for the state Department of Consumer Protection:

June 18, 2011: At 2:15 a.m., Derby police entered the bar and saw 10 to 15 people inside the bar. The bar was supposed to have closed at 2 a.m., as per state law. In addition, about five people were still drinking alcohol and patrons were leaving the premises with open containers of alcohol and bottles of beer.”

June 20, 2011: A customer left the bar with a full bottle of Miller beer. 

July 23, 2011: A fight inside the bar spilled into the parking lot.

Aug. 19, 2011: The bar allowed smoking inside and the bar was hosting a Giants betting pool. In addition, fruit flies were seen inside a bottle of Clan MacGregor whiskey.

The Ordinance

The city’s chronic nuisance ordinance was created to deal with problem residential properties in a given neighborhood. It was born out of a spate of violence on Derby streets in 2010 and 2011.

Residents in the Hawkins Street area said absentee landlords were allowing criminals to move into their apartments.

The chronic nuisance law focuses on properties that require repeated police intervention for crimes ranging from assault to drug dealing. The law sets up a process by which if police confirm three or more nuisance activities” within a 60-day period, the police chief can intervene.

The process starts with the chief sending a letter warning the property is in danger of being declared a chronic nuisance. It then sets up a process where issues at the property can be addressed. 

However, if the owner doesn’t cooperate and the problems persist, a $30,000 fine and civil court action are possible.

The property at 148 Elizabeth St. is owned by a limited liability company — One Forty Eight Elizabeth Street — based at 286 Broadway in Milford.

The state Liquor Control Authority is also aware of the violence that happened in RJ’s parking lot on Saturday.

The most recent calls for service to RJ’s by Derby police were not available Tuesday.

An e‑mail seeking comment was left Tuesday with Chief Narowski.

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